16 October 2025
Illness and injury
Workplace injury: employer is also liable for failure to provide safety training
Court of Cassation, Employment Section
A worker sustained severe injuries while performing an unusual task assigned by the employer without prior training on how to carry out the task and the associated risks. After the first-instance claim was rejected, the Court of Appeal recognized the employer’s liability for violating safety obligations, ordering the company to compensate for both the biological and moral damage.
The Supreme Court upheld this decision, reiterating that the duty to protect the physical integrity of the worker also applies in cases where the activity is only occasionally required. The employer’s liability cannot be excluded by invoking the worker’s negligence when such negligence is a consequence of inadequate training or lack of supervision. Therefore, the employer is liable for injuries even when they result from the employee’s imprudent behavior, if such behavior is causally linked to the violation of safety rules or failure to inform about specific risks.
